- 9 - moneys in the promotional account could be withdrawn when petitioner rendered special event promotions, such as television or radio advertising. Colgate agreed to pay petitioner the cost of performance, provided the total payment did not exceed the amount in the fund for the 6-month period. Furthermore, the Colgate agreements provide that "Monies available for any one promotional period must be earned by the dealer during that period." In terms of payment, the Colgate agreements provide: Payment will be made to the DEALER upon receipt of the Certificate of Performance which must indicate in the "Remarks" section the Jobber's invoice number(s) if invoiced by Jobber; a copy of the applicable short term agreement which indicates the number of cases shipped in support of the COLGATE sponsored short term promotion(s); and documentary proof (script/story/board, tear sheet of rotogravure, and any other appropriate proof of performance as may be required) satisfactory to COLGATE that the "SPECIAL EVENT" performance was rendered as required under the Terms and Conditions of this agreement. Such payments may not be used to reduce, or as set off against, the sale price of any COLGATE product, nor is any amount claimed to be due hereunder to be deducted by the DEALER from any invoice or bill for COLGATE products. In no event shall COLGATE have any liability to make payment unless proof of performance is submitted within 30 days after the termination of the performance period. In contrast to the foregoing, most of the vendors that maintained promotional accounts with petitioner had only oral agreements. The vendors who had oral promotional account agreements used the promotional funds to pay for product advertising. They also used the funds to make cash payments to petitioner's member stores at petitioner's annual food show.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011